Nick
Diaz will have to wait a bit longer to find resolution, as the
UFC welterweight has not been placed on the Nevada Athletic
Commission’s April 24 agenda. Sherdog.com confirmed Wednesday with
Keith Kizer, executive director of the NAC, that the commission
plans to hold Diaz’s hearing at a later date.

Diaz -- a medical marijuana patient diagnosed with Attention
Deficit Hyperactivity Disorder in his home state of California --
had his UFC
143 drug test flagged for marijuana metabolites after suffering
a unanimous decision defeat to Carlos
Condit on Feb. 4 at the Mandalay Bay Events Center in Las
Vegas. Diaz was suspended by the commission on Feb. 22 pending a
disciplinary hearing.

Diaz’s attorney, Ross C. Goodman of Goodman Law Group, wrote a
letter last Friday to Nevada Deputy Attorney General Christopher
Eccles, seeking confirmation that the NAC would address its
complaint against Diaz during its April 24 meeting. Citing the
Nevada Revised Statutes (NRS 233B.127), Goodman asserted that
Diaz’s suspension should have been addressed within 45 days of its
Feb. 22 approval by the commission, meaning the hearing should have
taken place by April 6.

“In discussions with Mr. Kizer, following the Summary Suspension
Order, Mr. Kizer informed me and others that this matter would be
placed on the NAC’s agenda,” Goodman wrote. “Our client was and is
confident that there is no basis for disciplinary action against
him and therefore did not object to a delay beyond the required
45-day time limit as long as the matter was heard and determined in
April.”

Eccles responded to that letter on Monday on behalf of Attorney
General Catherine Cortez Masto, informing Goodman that the NAC was
still awaiting the delivery of Diaz’s medical marijuana card.

“On several occasions, you told me and Mr. Kizer that Mr. Diaz had
a medical marijuana card,” Eccles wrote. “You agreed to produce the
card prior to the disciplinary hearing. I’ve waited for more than a
month for the card. As a result, I issued a Request for Production
for the card and other information regarding Diaz’s case. You have
chosen not to provide the requested documents, including Mr. Diaz’s
card. If Mr. Diaz does not have the card, simply confirm that in
writing. As to the relevance of the of the documents I requested
for production, it is the Commission that will ultimately decide
what is relevant.”

Eccles went on to dispute Goodman’s claim that the NAC had not
acted within the required 45-day time limit as outlined by the NRS,
stating that Diaz did not receive a summary suspension, which is
issued “when an agency suspends a license, prior to a hearing
before a board or commission, due to emergency circumstances which
pose a risk to public welfare.”

“No Notice of Summary Suspension was ever served on your client,”
Eccles wrote. “In this matter, Mr. Diaz was properly served with a
‘Notice of Hearing on Temporary Suspension,’ and he failed to
appear at that hearing. The Commission temporarily suspended Mr.
Diaz at the hearing. Neither Mr. Diaz nor you objected in any
manner to the temporary suspension.”

Citing the California Health and Safety Code (CHSC), Goodman
addressed Eccles’ letter on Thursday morning, telling Sherdog.com
that he has already supplied the commission with proper evidence of
Diaz’s medical marijuana use in the form of signed statements from
Diaz’s physician, Dr. Robert E. Sullivan. Additionally, Goodman has
not backed down from his stance that Diaz’s fate should have been
decided within 45 days of the temporary suspension’s approval. In
an email to Sherdog.com, Goodman wrote:

“Mr. Diaz agreed to produce the required documentation to prove
that he is lawfully entitled to use medical marijuana under the
laws of California. In a letter dated April 11, 2012, Ross C.
Goodman, Esq. responded to the [NAC’s] request for an
Identification Card by providing two Physician’s Statements from
Dr. Sullivan. As the [NAC] should know, the Physician’s Statements
(not an identification card) constitute the “written documentation”
required to qualify Mr. Diaz to legally engage in the medical use
of marijuana (see CHSC 11362.5). In addition, Dr. Sullivan
explained (Exhibit A attached to the Response of the First Amended
Complaint) that after examining Mr. Diaz and reviewing medical
records as required by California law, he rendered a ‘professional
opinion’ evidencing that medical use of marijuana is appropriate to
treat ADHD (see CHSC 11362.715(a)(2)).

“It appears that Mr. Kizer mistakenly believes that an
identification card is a mandatory requirement. However, the
California regulation clearly defines that an identification card
is strictly voluntary (see CHSC 11362.7(f) and (g)). The option to
obtain an identification card is to assist law enforcement officers
in making a prompt identification of qualified patients to avoid
unnecessary arrest. It is outrageous that Mr. Kizer would delay a
full hearing after providing the best evidence under California law
-- the Physician’s Statements -- the dispositive document that
qualifies someone to legally use medical marijuana. As a protection
against arbitrarily delaying proceedings -- as evidenced in the
Diaz matter -- and thereby depriving licensees of the right to earn
a living, the [NAC] is required to make a final determination based
on the allegations of the complaint within 45 days after a
temporary suspension.”

Diaz’s exclusion from the April 24 agenda comes after an extended
back-and-forth between the involved parties dating back to the
commission’s initial complaint filed against Diaz on Feb. 9.
Goodman responded to that complaint on March 7, asserting that Diaz
should not be subject to discipline as a legal, out-of-competition
user of marijuana. Goodman alleged that the metabolites found were
inactive and could not have possibly affected Diaz’s performance in
the cage, as the fighter had stopped using marijuana eight days
prior to the bout.

On March 28, the NAC amended its complaint, reiterating that Diaz
broke the rules by testing positive for marijuana metabolites. The
commission also brought forth Diaz’s responses on his medical
questionnaire, alleging that he had provided false or misleading
information by checking “no” when asked if he had consumed either
prescribed or over-the-counter drugs within two weeks of his bout
or if he suffered from any serious medical conditions.

Goodman sent another response to the NAC on April 11, stating that
the welterweight responded to the questions in good faith, as
marijuana is neither a prescription nor an over-the-counter drug in
California. Additionally, Goodman alleged that ADHD would not be
considered by most to be a “serious medical condition,” attaching a
signed letter from Diaz’s physician that echoed the point.

A disciple of Cesar
Gracie hailing from Stockton, Calif., Diaz made his return to
the Octagon this past October, outpointing B.J. Penn in a
bloody three-round contest at UFC
137. The former Strikeforce
champion next appeared on Feb. 4, fighting Condit for the interim
welterweight title at UFC 143. The rangy southpaw has finished 21
of his 34 career victims and has never been submitted in nearly 11
years as a professional.

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